Can I give my house to my daughter only when I die? 30 Answers as of December 20, 2013

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Of course, but there may be tax reasons why she should inherit. Talk to a lawyer.
Answer Applies to: California
Replied: 12/20/2013
Strowbridge Blaisdel Richardson | Strowbridge Richardson
Yes there is a way for you do will your house to your daughter when you die and not before.
Answer Applies to: California
Replied: 12/20/2013
Edward L. Armstrong, P.C. | Edward L. Armstrong
You may give your home to your daughter only when you die. The easiest way to accomplish this would be to have a beneficiary deed prepared deeding the property to your daughter at the time of your death. Beneficiary deeds do not take effect until the grantor on the deed (this would be you) dies. In the meantime, it leaves you free to do anything you want with the property including selling it or pledge in a security for a loan. You should have a real estate lawyer prepare the deed for you and once you have signed it you need to recorded in the recorder of deeds office for the county in which the property is located.
Answer Applies to: Missouri
Replied: 12/18/2013
Richard J. Keyes Attorney at Law | Richard J. Keyes
Yes. In Missouri, you can do this by beneficiary deed which would avoid having the house go through probate.
Answer Applies to: Missouri
Replied: 12/18/2013
Law Offices of George H. Shers | George H. Shers
There are several ways. The easiest is to make a Will stating who your potential heirs are and why you are leaving the house to your daughter only. That will give the house a stepped up basis [taxed at the value of the house at the time of your death for future capital gains tax] but the Will has to go through probate to transfer title. You could set up a Trust that gives her the house upon your death [no steeped up basis but avoids probate as title already passed to the trust and the to her]. You could transfer the property to her and retain a life estate. In general, the first process is normally better, but you should speak to a probate attorney to find out what is best for you. First read some lay books on estates, such as those from Nolo Press [probably available at you local library] so you know some about the law and the advantages of each process. Usually in is best not to give up ownership of your property until you are dead.
Answer Applies to: California
Replied: 12/18/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You can give your house to your daughter at any time, but be sure and file a gift tax return. Also note that she will miss out on getting a step;-up in basis for income tax purposes if you give it to her now instead of at death.
    Answer Applies to: California
    Replied: 12/17/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    Yes by will or trust, or by putting her on the deed as a joint tenant.
    Answer Applies to: California
    Replied: 12/17/2013
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes. You should probably create a revocable trust naming her as beneficiary. These are easy to set up for an experienced attorney.
    Answer Applies to: California
    Replied: 12/17/2013
    Attorney at Law
    Attorney at Law | Frances An
    In California, yes. There are several ways to do it. If you put her name on the deed as a joint tenant, she will get the house when you die without the necessity for probate. She will have to file an Affidavit of death of Joint Tenant for and have a new deed recorded. Fairly simple and straight forward procedure.
    Answer Applies to: California
    Replied: 12/17/2013
    James Law Group
    James Law Group | Christine James
    Yes. See an estate planning attorney and do a living trust.
    Answer Applies to: California
    Replied: 12/17/2013
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    Yes, by drafting a will, you can specify who gets what when you die. In Louisiana, your children are forced heirs if they are under 24 years of age or are mentally or physically infirm. If they are forced heirs, you may have to leave them a portion of your estate whether you want to or not. Otherwise, you are free to leave your property to whomever you choose.
    Answer Applies to: Louisiana
    Replied: 12/17/2013
    Durham Jones & Pinegar | Erven Nelson
    You can do what you want with your house, meaning you can give it to any one person to the exclusion of any other person. You can also set things up now to accomplish it. For example, you could immediately deed the house to you and your daughter as joint tenants with rights of survivorship. When one of you passes away, the house would automatically go to the surviving person.
    Answer Applies to: Nevada
    Replied: 12/17/2013
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    A new Illinois statute allows for a Transfer on Death deed. This is a specialized deed with different elements and requirements than a normal deed. Failure to follow the special requirements will make the deed ineffective. Similarly, special requirements are needed to revoke the deed. A trust and a will can also be used to transfer realty on death.
    Answer Applies to: Illinois
    Replied: 12/17/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Yes. You do it in a will.
    Answer Applies to: Idaho
    Replied: 12/17/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Yes you can. I suggest a will or a trust with a pocket deed. You can also do a ladybird deed or some other type of thing so you can retain control until you pass and it will pass to your daughter without probate. Contact an attorney to do it right.
    Answer Applies to: Michigan
    Replied: 12/17/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    No, you have plenty of options but they have consequences. You should speak with an estate planning attorney who has experience with elder law. There may be unintended consequences. Seek out legal help about your goals and objectives. Good luck.
    Answer Applies to: Nevada
    Replied: 12/17/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You can give your house to anyone you choose during your lifetime or in your will. Check out the tax consequences or either action before you make a decision.
    Answer Applies to: Nebraska
    Replied: 12/17/2013
    Frederick & Frederick PLC | James P Frederick
    Yes. The best way to do this under Michigan law is by using a lady bird deed. These documents should be drawn up by an attorney. They are relatively inexpensive.
    Answer Applies to: Michigan
    Replied: 12/17/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    There are ways to accomplish that. See an attorney to make it happen.
    Answer Applies to: Michigan
    Replied: 12/17/2013
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Draft a Will (with the help of an attorney) and make a specific bequest to your daughter. You may want to include a letter explaining your reasons. She lived with you for many years and helped you out? You are giving your other children most of your other assets? She has not done as well as her siblings and needs it more? If you just do it and do not give a rational reason, your other children might think you were not in your right mind or were coerced by your daughter.
    Answer Applies to: New Jersey
    Replied: 12/17/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    Yes you can if you are not married.
    Answer Applies to: Colorado
    Replied: 12/17/2013
    Kosloff & Greenwood
    Kosloff & Greenwood | Oliver Greenwood
    I am guessing that your question is more complex than this. However, transfers of real property can occur during life or through testamentary acts.
    Answer Applies to: California
    Replied: 12/17/2013
    Attorney At Law | James G. Maguire
    You can donate the house to your daughter at any time. Two possible problems: 1. You would probably lose your homestead exemption. 2. If your daughter gets into financial trouble (bankruptcy, divorce), the house could be lost.
    Answer Applies to: Louisiana
    Replied: 12/17/2013
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